Speech by the Lord Chief Justice: Building the Best Court Forum for Commercial Dispute Resolution – Courts and Tribunals Judiciary

Posted December 7th, 2016 in courts, dispute resolution, speeches, Wales by tracey

‘Speech given at the Wales Commercial Law Association, Cardiff, 21 October 2016.’

Full speech

Courts and Tribunals Judiciary, 5th December 2016

Source: www.judiciary.gov.uk

Comments Off on Speech by the Lord Chief Justice: Building the Best Court Forum for Commercial Dispute Resolution – Courts and Tribunals Judiciary

Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Wales Bill – UK Constitutional Law Association

Posted October 31st, 2016 in constitutional law, news, reports, select committees, Wales by sally

‘The House of Lords Constitution Committee today publishes its report on the Wales Bill. The history of the Bill is a somewhat chequered one, a Draft Bill published in October 2015 having been subjected to excoriating criticism by (among others) the Assembly’s Legislative and Constitutional Affairs Committee. The centrepiece of the Bill is intended to be the shift from the ‘conferred powers’ model of devolution that presently operates in Wales to a ‘reserved powers’ model akin to that which is found in Scotland. However, the Constitution Committee concludes that ‘the current implementation of the reserved powers model in the Wales Bill undermines its key advantages: namely providing the devolved legislature with constitutional space to legislate and allowing for a relatively clear and simple division of powers’. In this post, we highlight a number of concerns raised by the Committee in its report, and conclude with some broader reflections on what the Wales Bill tells us about the state of the UK’s territorial constitution and the approach to constitutional design adopted in respect of it.’

Full story

UK Constitutional Law Association, 28th October 2016

Source: www.ukconstitutionallaw.org

Comments Off on Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Wales Bill – UK Constitutional Law Association

More than 5,000 children have been strip-searched, figures reveal – Daily Telegraph

Posted October 31st, 2016 in children, compensation, news, statistics, stop and search, Wales by sally

‘More than 5,000 children have been strip-searched by police in two years, figures revealed, as South Wales Police paid compensation to an innocent 12-year-old who was searched without escort.’

Full story

Daily Telegraph, 30th October 2016

Source: www.telegraph.co.uk

Comments Off on More than 5,000 children have been strip-searched, figures reveal – Daily Telegraph

Special Educational Needs: Guidance given on approach where parents cannot agree on choice of school in SEN statement – Education Blog

Posted October 31st, 2016 in children, divorce, local government, news, special educational needs, Wales by sally

‘In SG v Denbighshire County Council and B (SEN) (Special Educational Needs: Special Educational Provision – naming school) [2016] UKUT 460 (AAC), the Upper Tribunal gave guidance on the approach to be taken where parents cannot agree on the choice of school to be named in Part 4 of a statement of special educational needs (“the Statement”).’

Full story

Education Blog, 31st October 2016

Source: www.education11kbw.com

Comments Off on Special Educational Needs: Guidance given on approach where parents cannot agree on choice of school in SEN statement – Education Blog

Homeless Reduction Bill – part 2 – Nearly Legal

Posted October 27th, 2016 in bills, homelessness, housing, local government, news, Wales by sally

‘After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive.’

Full story

Nearly Legal, 26th October 2016

Source: www.nearlylegal.co.uk

Comments Off on Homeless Reduction Bill – part 2 – Nearly Legal

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

Posted October 17th, 2016 in reports, Wales by tracey

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales’

Full press release

official-documents.gov.uk, 14th October 2016

Source: official-documents.gov.uk

Comments Off on Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

Libraries – Local Government Law

Posted September 20th, 2016 in libraries, local government, news, Wales by tracey

‘In R (Tilley) v Vale of Glamorgan Council [2016] EWHC 2272 (QB), in the Administrative Court in Wales, Lewis J concluded that the Council’s Cabinet Decision to establish five community libraries was lawful.’

Full story

Local Government Law, 16th September 2016

Source: www.11kbw.com/blogs/local-government-law

Comments Off on Libraries – Local Government Law

Council defeats High Court challenge to establishment of community libraries – Local Government Lawyer

Posted September 15th, 2016 in equality, libraries, local government, news, Wales by tracey

‘A Welsh council has successfully defended a High Court challenge to its decision to establish five community libraries.’

Full story

Local Government Lawyer, 14th September 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Council defeats High Court challenge to establishment of community libraries – Local Government Lawyer

Wales moves to replace stamp duty with new land transaction tax – The Guardian

Posted September 12th, 2016 in bills, news, stamp duty, taxation, Wales by sally

‘The first new Welsh tax for almost 800 years is to be outlined in a bill expected to be introduced on Monday.’

Full story

The Guardian, 12th September 2016

Source: www.guardian.co.uk

Comments Off on Wales moves to replace stamp duty with new land transaction tax – The Guardian

High Court quashes school closure decision over consultation flaws – Local Government Lawyer

Posted August 18th, 2016 in consultations, education, local government, news, Wales by tracey

‘Denbighshire County Council mishandled its consultation on closing a Welsh language school, the High Court has found.’

Full story

Local Government Lawyer, 17th August 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on High Court quashes school closure decision over consultation flaws – Local Government Lawyer

Nuisance caller cost the taxpayer £78,000 by making 408 calls to the ambulance service in two years – Daily Telegraph

Posted July 28th, 2016 in assault, emergency services, health, news, nuisance, sentencing, Wales by tracey

‘A woman who cost the taxpayer £78,000 by phoning ambulance service more than 400 times in two years has been jailed.’

Full story

Daily Telegraph, 28th July 2016

Source: www.telegraph.co.uk

Comments Off on Nuisance caller cost the taxpayer £78,000 by making 408 calls to the ambulance service in two years – Daily Telegraph

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales.’

Full press release

official-documents.gov.uk, 30th June 2016

Source: official-documents.gov.uk

Comments Off on Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

Full story

UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

Comments Off on Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

Bill-by-bill summary: Queen’s Speech at-a-glance – BBC News

‘The Queen has announced the government’s legislation for the year ahead, at the state opening of Parliament. Here is a bill-by-bill guide to what is in the 2016 Queen’s Speech.’

Full story

BBC News, 18th May 2016

Source: www.bbc.co.uk

Comments Off on Bill-by-bill summary: Queen’s Speech at-a-glance – BBC News

Judges to be filmed in English and Welsh crown courts – The Guardian

Posted April 26th, 2016 in courts, Crown Court, judiciary, news, pilot schemes, sentencing, video recordings, Wales by sally

‘Television cameras are to be allowed into crown courts in England and Wales for the first time under Ministry of Justice (MoJ) regulations that will be debated by parliament this week.’

Full story

The Guardian, 25th April 2016

Source: www.guardian.co.uk

Comments Off on Judges to be filmed in English and Welsh crown courts – The Guardian

Macur review: ‘No reason’ to undermine abuse inquiry findings – BBC News

Posted March 18th, 2016 in child abuse, inquiries, news, sexual offences, Wales by tracey

‘An inquiry that found “no evidence” of historical abuse by establishment figures in former north Wales children’s homes has been backed by a review. Lady Justice Macur published her two-year review into the 2000 Waterhouse inquiry on Thursday.
She said there was “no reason” to undermine its findings.’

Full story

BBC News, 17th March 2016

Source: www.bbc.co.uk

Comments Off on Macur review: ‘No reason’ to undermine abuse inquiry findings – BBC News

Plans to ban e-cigarettes in public places defeated – Daily Telegraph

Posted March 17th, 2016 in bills, children, news, smoking, Wales by tracey

‘Plans to ban e-cigarettes for the first time in the UK in public places where children are present have been defeated.
The landmark vote by the Welsh Assembly aimed to restrict the use of nicotine inhaling devices in public places such as schools, restaurants and on public transport.’

Full story

Daily Telegraph, 16th March 2016

Source: www.telegraph.co.uk

Comments Off on Plans to ban e-cigarettes in public places defeated – Daily Telegraph

First British smoke-free beach unveiled – Daily Telegraph

Posted March 9th, 2016 in news, smoking, Wales by tracey

‘Little Haven beach in Pembrokeshire, West Wales, is the first seaside resort in Britain to trial the no-smoking signs on the sand.’

Full story

Daily Telegraph, 8th March 2016

Source: www.telegraph.co.uk

Comments Off on First British smoke-free beach unveiled – Daily Telegraph

School closure consultation – Education Law Blog

Posted March 8th, 2016 in consultations, education, news, Wales by sally

‘The School Standards and Organisation (Wales) Act 2013 sets out the process for establishing, altering and discontinuing schools in Wales. R (Edwards) v Flintshire County Council [2016] EWHC 459 (Admin) was an unsuccessful judicial review challenge of a decision by the Defendant LEA to issue statutory notices under Section 48 of that Act to close a High School. The ground of challenge was that the Council failed, in its consultation process, to comply with its obligation under Section 38(4) of the Act to act in accordance with the Welsh Ministers’ Code of School Organisation. The Act requires the Welsh Ministers to issue a code on school organisation. It may contain requirements and/or guidelines. By Section 38(4), those who exercise functions in relation to school organisation in Wales, including local education authorities, must, when exercising those functions, act in accordance with any relevant requirements contained in the Code, and have regard to any relevant guidelines contained in it. Section 48 requires a proposer for change to publish the proposals, consult and publish a report on the consultation, all in accordance with the published code. In April 2013, the Welsh Ministers published a Code on School Organisation. It came into force on 1 October 2013.’

Full story

Education Law Blog, 8th March 2016

Source: www.education11kbw.com

Comments Off on School closure consultation – Education Law Blog

Prison smoking ban overturned by court of appeal – The Guardian

Posted March 8th, 2016 in appeals, news, prisons, smoking, Wales by sally

‘A compulsory, immediate ban on smoking in prisons has been overturned by the court of appeal, allowing the Ministry of Justice to introduce its own voluntary, phased controls.’

Full story

The Guardian, 8th March 2016

Source: www.guardian.co.uk

Comments Off on Prison smoking ban overturned by court of appeal – The Guardian